Negotiating with International Customers , Partners, and Regulators

1. Negotiating withInternational Customers, Partners,and Regulators Chapter 19

2. Learning Objectives LO1 The problems associated with cultural stereotypes LO2 How culture influences behaviors at the negotiation table LO3 Common kinds of problems that crop up during international business negotiations LO4 The similarities and differences in communication behaviors in several countries LO5 How differences in values and thinking processes affect international negotiations LO6 Important factors in selecting a negotiation team LO7 How to prepare for international negotiations LO8 Managing all aspects of the negotiation process LO9 The importance of follow-up communications and procedures LO10 The basics of inventive international negotiations

3. International Negotiations • Face-to-face negotiations are an omnipresent activity in international commerce • Plans are usually implemented through face-to-face negotiations with business partners and customers from foreign countries • Executives must also negotiate with representatives of foreign governments • In many countries, governmental officials may also be joint venture partners and, in some cases, vendors

4. The Dangers of Stereotypes • Negotiations are not conducted between national stereotypes; negotiations are conducted between people, and cultural factors often make huge differences • For example, we might expect substantial differences in negotiation styles between English-speaking and French-speaking Canadians • In addition to the influence of culture, individual personalities and backgrounds and a variety of situational factors also heavily influence behavior at the negotiation table—and it is the manager’s responsibility to consider these factors

5. 19-5

6. The Pervasive Impact of Culture on Negotiation Behavior • Looking broadly across the several cultures, two important lessons stand out: • Regional generalizations very often are not correct. For example, Japanese and Korean negotiation styles are quite similar in some ways, but in other ways, they could not be more different. • Japan is an exceptional place: On almost every dimension of negotiation style considered, the Japanese are on or near the end of the scale (high).

7. The Pervasive Impact of Culture on Negotiation Behavior • Cultural differences cause four kinds of problems in international business negotiations at the levels of: 1. Language 2. Nonverbal behaviors 3. Values 4. Thinking and decision- making processes

8. Differences in Language and Nonverbal Behaviors • The variation across cultures is greater when comparing linguistic aspects of language and nonverbal behaviors than when the verbal content of negotiations is considered • The language advantages of the Japanese executive in the description of the aisatsuthat opened the chapter were quite clear. • However, the most common complaint heard from American managers regards foreign clients and partners breaking into side conversations in their native languages • This perception is a frequent American mistake. The usual purpose of such side conversations is to straighten out a translation problem

9. Exhibit 19.1: Verbal Negotiation Tactics (The “What” of Communications) *For each, group n = 6. ** Northern China †Read “7 percent of the statements made Japanese negotiators were promises” Source: From William Hernandez Requejo and John L. Graham, Global Negotiation: The New Rules (New York: Palgrave Macmillan, 2009) Reproduced with permission of Palgrave Macmillan. 19-9

10. Exhibit 19.2: Linguistic Aspects of Language and Nonverbal Behaviors (“How” Things Are Said) Source: From William Hernandez Requejo and John L. Graham, Global Negotiation: The New Rules (New York: Palgrave Macmillan, 2009) Reproduced with permission of Palgrave Macmillan. 19-10

11. Differences in Values • Four are held strongly and deeply by most Americans seem to frequently cause misunderstandings and bad feelings in international business negotiations: • Objectivity—reflects the importance of objectivity in the American culture • Competitiveness and Equality—values of each participating cultural group are roughly reflected in the economic outcomes • Time—passage of time is viewed differently across cultures and how these differences most often hurt Americans

12. Exhibit 19.3: Cultural Differences in Competiveness and Equality Note: Based on at least 40 businesspeople in each cultural group. Source: From William Hernandez Requejo and John L. Graham, Global Negotiation: The New Rules (New York: Palgrave Macmillan, 2009) Reproduced with permission of Palgrave Macmillan. 19-12

13. Differences in Thinking andDecision-Making Processes • When faced with a complex negotiation task, most Westerners divide the large task up into a series of smaller tasks. • Issues such as prices, delivery, warranty, and service contracts may be settled one issue at a time, with the final agreement being the sum or the sequence of smaller agreements • In Asia, however, a different approach is more often taken wherein all the issues are discussed at once, in no apparent order, and concessions are made on all issues at the end of the discussion

14. Differences in Thinking andDecision-Making Processes • American bargainers should anticipate such a holistic approach and be prepared to discuss all issues simultaneously and in an apparently haphazard order. • Important signals of progress can be the following: • Higher-level foreigners being included in the discussions. • Questions beginning to focus on specific areas of the deal. • A softening of attitudes and positions on some of the issues—“Let us take some time to study this issue.” • At the negotiation table, increased talk among themselves in their own language, which may often mean they’re trying to decide something. • Increased bargaining and use of the lower-level, informal, and other channels of communication.

15. Implications for Managers and Negotiators • Four steps lead to more efficient and effective international business negotiations: • selection of the appropriate negotiation team • management of preliminaries including training, preparations, and manipulation of negotiation settings • management of the process of negotiations, that is, what happens at the negotiation table and • appropriate follow-up procedures and practices

16. Implications for Managers and Negotiators • We recommend the following checklist to ensure proper preparation and planning for international negotiations: 1. Assessment of the situation and the people 2. Facts to confirm during the negotiation 3. Agenda 4. Best alternative to a negotiated agreement (BATNA) 5. Concession strategies 6. Team assignments

17. 19-17

18. Implications for Managers and Negotiators

19. At the Negotiations Table • Everywhere around the world we have found that business negotiations proceed through four stages: 1. Nontask sounding 2. Task-related exchange of information 3. Persuasion 4. Concessions andagreement

20. Exhibit 19.4: Summary of Japanese, American, and Chinese Business Negotiation Styles Source: N. Mark Lam and John L. Graham, China Now, Doing Business in the World’s Most Dynamic Market (New York: McGraw-Hill, 2007); James Day Hodgson, Yoshihiro Sano, and John L. Graham, Doing Business with the New Japan (Boulder, CO: Rowman & Littlefield, 2008). 19-20

21. After Negotiations • In most other countries, particularly the relationship-oriented ones, legal systems are not depended upon to settle disputes • Indeed, the term disputes does not reflect how a business relationship should work • Each side should be concerned about mutual benefits of the relationship and therefore should consider the interests of the other • Consequently, in places like Japan written contracts are very short—two to three pages—are purposely loosely written, and primarily contain comments on principles of the relationship • From the Japanese point of view, the American emphasis on tight contracts is tantamount to planning the divorce before the wedding

22. Exhibit 19.5: 10 Ways to Generate More Ideas in International Negotiations Source: Reprinted with permission of Chief Idea Officer, IdeaWorks Consulting, Newport Beach, CA. 19-22

23. Conclusions • Despite the litany of potential pitfalls facing international negotiators, things are getting better • The stereotypes of American managers as “innocents abroad” or cowboys are becoming less accurate • Experience levels are going up worldwide, and individual personalities are important • So you can find talkative Japanese, quiet Brazilians, and effective American negotiators • But culture still does, and always will, count